Simons et al v. Federal Deposit Insurance Corporation

Filing 53

ORDER approving 52 Stipulation of Dismissal as to and for Judgment. So Ordered by Judge George Z. Singal.(ko)

United States District Court
for the
District of New Hampshire
Joanne E. Simons, Trustee of
Joanne E. Simons Revocable Trust
and

Civil Action No. 1:10-cv -21-GZS

Bettejane P. May, Trustee of
Bettejane P. May Revocable Trust
and
Straw Hill Condominium Association
v.
Federal Deposit Insurance Corporation
ORDER AND JUDGMENT
The court, finds, rules and orders as follows:
1.

Reference is made to The Straw Hill Condominium, Manchester, NH (the

“Condominium”), established by a Declaration of Condominium (the “Original Declaration”),
dated June 28, 1984 and recorded in the Hillsborough County Registry of Deeds (the “Registry”)
in Book 3216, Page 723 on September 28, 1984 and to the Sixth Amendment to the Original
Declaration recorded in the Registry in Book 3791, Page 0299 on November 21, 1986 (the
“Sixth Amendment”).
2.

The Sixth Amendment to the Original Declaration via Exhibit A thereto purported

to submit additional land to the Condominium, including a metes and bounds course of N 07°
14’ 03” E a distance of 255.24 feet.
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3.

Notwithstanding the aforementioned course, the corresponding course

shown on Plan #19990, recorded in the Registry on December 1, 1986, is N 23° 48’ 37” E a
distance of 248.76 feet.
4.

The above-captioned action (the “Action”) was instituted, inter alia, to determine

whether the boundary established by the Sixth Amendment or by Plan #19990 is correct.
5.

The parties have agreed to settle all claims in the Action and have stipulated as to

the correct boundary.
6.

Accordingly, judgment is hereby entered that the Sixth Amendment and Exhibit A

thereto is hereby reformed, nunc pro tunc so that the third course in the metes and bounds legal
description in said Exhibit A, which states, “Thence, running N 07° 14’ 03” E along the westerly
border of said Additional Land VII a distance of 255.24 feet, to a point”, is deleted in its entirety
and replaced with the following:
“Thence, running N 23° 48’ 37” E along the westerly border of said Additional
Land VIII a distance of 248.76 feet, to a point;”
7.

After entry of judgment upon the reformation order referenced in paragraph 6

above, the Action shall be dismissed with prejudice and without costs and attorneys’ fees to any
party.

Dated: December 20, 2011
SO ORDERED
________________________
/s/ George Z. Singal
United States District Judge

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